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IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


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Corporation 


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33  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  873-4503 


-1,"     ^'^ 
>* 


A 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiquot 


Technical  and  Bibliographic  Notas/Notas  tachniquaa  at  bibliographiquaa 


Th« 
to  t 


Tha  Inatituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibliographically  uniqua, 
which  may  altar  any  of  tha  Imagaa  in  tha 
reproduction,  or  which  may  aignificantly  change 
tha  uiual  method  of  filming,  are  checked  below. 


0 
D 

n 

n 
n 


n 


Coloured  covera/ 
Couverture  de  couleur 


Covera  damaged/ 
Couverture  endommagAe 

Covera  reatorad  and/or  laminated/ 
Couverture  reateurie  et/ou  peiSiculAe 

Cover  title  miaaing/ 

Le  titre  de  couverture  manque 

Coloured  mapa/ 

Cartea  gAographiquea  en  couleur 

Coloured  ink  (i.e.  other  thin  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  pletea  and/or  illuatrationa/ 
Planchea  et/ou  illuatrationa  en  couleur 

Bound  with  other  meterial/ 
RallA  avac  d'autrea  documenta 

Tight  binding  may  cauae  ahadowa  or  distortion 
along  interior  mergin/ 

La  rellure  serrAe  peut  cauaar  de  I'ombre  ou  dfi  la 
diatortion  la  long  de  la  marge  intArieure 

Blank  laeves  added  during  restoration  may 
appear  within  the  text.  Whenever  poasibia,  theae 
have  been  omitted  from  filming/ 
II  se  peut  que  certainaa  pages  bienchea  ajoutAas 
lors  d'une  restauration  apparaiaaant  dans  le  texte. 
mais.  loraqua  cela  Atait  poaaibia,  caa  pagea  n'ont 
pas  AtA  filmias. 


L'Inatitut  a  microfilm*  le  meliieur  exemplaire 
qu'il  lui  a  AtA  poaaibia  de  aa  procurer.  Lea  dAtaila 
de  cet  exemplaire  qui  aont  paut-Atre  uniquea  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  Image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dana  la  mithode  normale  de  filmage 
aort  indiquAa  ci-deaaoua. 


D 
D 
D 
D 


Coloured  pagea/ 
Pagea  de  couleur 

Pagea  damaged/ 
Pages  endommagtes 

Pagea  restored  and/or  laminated/ 
Pagea  rastaurAea  et/ou  pelliculAea 

Pages  discoloured,  stained  or  foxed/ 
Pages  dAcolorAes,  tachetAea  ou  piquAes 


□   Pagea  detached/ 
Pagea  d6tachtea 

[~~|    Showthrough/ 


D 
D 
D 
D 


Tranaparance 

Quality  of  print  varies/ 
QualitA  inigaia  de  I'impreaaion 

Includes  supplementary  material/ 
Comprand  du  material  suppltfmantaire 

Only  edition  available/ 
Seule  Edition  diaponibia 

Pagea  wholly  or  partially  obscured  by  errata 
alips,  tissues,  etc.,  have  been  refilmed  to 
enaura  tha  best  possible  image/ 
Lea  pages  totalement  ou  partiellemant 
obscurcies  par  un  faulllet  d'«rrata,  una  palure, 
etc.,  ont  At*  fiimAes  A  nouveau  da  faqor  ^ 
obtenir  la  meilieure  image  poaaibia. 


Thi 
pos 
oft 
film 


Ori( 
bag 
tha 
siot 
othi 
flrsi 
sior 
or  il 


Tha 
she 
TIN 
whi 

Mai 
diffi 
enti 
bag 
righ 
raqi 
met 


rri    Additional  comments:/ 


Commentairea  supplAmanteires: 


Author' s  copy  with  autograph  notes  and 
corrections. 


This  item  is  filmed  et  the  reduction  ratio  checked  below/ 

Ce  document  eat  film*  au  taux  de  reduction  indiqu*  ci-deaaous. 

10X  14X  18X  22X 


/ 


12X 


16X 


20X 


26X 


30X 


24X 


28X 


32X 


I 

>tailt 
I  du 
lodifier 
'  une 
mags 


Th«  copy  filmad  h«r«  has  baan  raproducad  thanks 
to  tha  ganarosity  of: 

Library  Division 

Provincial  Archives  of  British  Columbta 

Tha  imagas  appaariny  hara  ara  tha  bast  quality 
possibia  considaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacifications. 


Original  copias  in  printad  papar  covars  ara  filmad 
baginning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  illustratad  impras- 
sion,  or  tha  back  covar  whan  appropriata.  All 
othar  original  copias  ara  filmad  baginning  on  tha 
first  paga  with  a  printad  or  illustratad  impras- 
sion.  and  anding  on  tha  last  paga  with  a  printad 
or  illustratad  imprassion. 


Tha  last  recordad  frame  on  esch  microfiche 
shall  contain  the  symbol  — ^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required  The  following  diagrams  illustrate  the 
method: 


L'axamplalra  film*  fut  raproduit  grica  i  la 
gAnArosIt*  da: 

Library  Division 

Provincial  Archival  of  British  Columbia 

Las  imagas  suivantas  ont  *tA  raproduitas  avac  la 
plus  grand  soin,  compta  tanu  da  la  condition  at 
da  la  nattat*  da  raxamplaira  film*,  at  en 
conformity  avac  las  conditions  du  contrat  da 
filmaga. 

Les  exemplairas  originaux  dont  la  couvarture  en 
papier  est  imprimAa  sont  filmAs  an  commandant 
par  la  premier  plat  at  9n  tarminant  soit  par  la 
darniire  paga  qui  comporta  una  empreinta 
d'imprassion  ou  d'illustration.  soit  par  la  second 
plat,  salon  la  cas.  Tous  las  autras  exemplairas 
originaux  sont  filmAs  9n  commangant  par  la 
premiere  paga  qui  comporta  una  ampreinte 
d'imprassion  ou  d'illustration  at  en  terminant  par 
la  derniAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
darniAre  image  de  cheque  microfiche,  selon  la 
cas:  la  symbols  — »>  signifie  "A  SUIVRE  ".  le 
symbols  V  signifie  "FIN  ". 

Les  cartes,  planches,  tableaux,  etc..  peuvent  Atre 
filmis  A  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  Atra 
raproduit  an  un  saul  clich*.  il  est  film*  A  partir 
da  Tangle  supArieur  gauche,  de  gauche  A  droite. 
et  de  haut  en  bas,  en  prenant  la  nombre 
d'imagas  nAcessaire.  Las  diagrammas  suivants 
illustrant  la  mAthoda. 


rrata 
to 


palure. 


□ 


32X 


1 

2 

3 

1 

2 

3 

4 

5 

6 

#^;.,,.^, 


}<.»> 


iii^'r'ii^'i'iiii'n'i'iriitega 


f^^^    ' 


!:>• 


AmvAL  AmiBmB 


Washington  Pioneers 

Jims  7,  1800 

a: 


if"    1 


BY 


■:.::|', 


«rtnl0is  o.  ik.  HAKvt^^ab 


.Si 


'  -'PI 


Boundary  Disputes 


With  Our  Northern  Neighbors 


SETTLED  AND  UNSETTLED 


ANNUAL  ADDRESS 


RKFORB  TUB 


WASHINGTON  PIONEERS 


JUNE   7,   1899 


BY 


JUDGE  C.  H.  HANFORD 


LOWMAN  *  HANKOBI)  STATIO.NKHV  AND  PlMNTING  (JO, 

Seattle,  Wa»li. 


^Md^^^^Z^ -Tt  ^M.^^^^^^ 


,-^ 


y^^w^*^ 


^     /^       'ff^ 


Anna;!  Address  Before  the  Washington  Pioneers 

JUNE  7th,  1699. 


UV  JUIMJK  V.  II.  IIANKOKU 


i; 


Less  tlian  Hixty  years  ago  tho  title  to  and  sovereignty  over 
all   the  territory  then  euUed  Oregon  and  now  comprising  the  / 

states  of  Oregon,  Wasliington,  Idaho  and  that  part  of  Mouiami  o-^ nti^'*^'*'*^ 
west  of  the  siunniit  of  the  Kiwky  m<nintains  and  British  Colnni-  f  (J 

hia,  was  a  aid)jeet  of  eontention  between  the  governments  of  tlie 
I'nited  States  and  Great  Britain.  Tiie  first  negotiatiims  for 
the  settlement  of  the  honndary  between  British  America  and 
t!ie  territory  of  the  United  States  west  of  the  Kocky  monntains 
having  resulted  in  failure,  it  was  provided  by  the  third  article 
of  the  convention  of  October  20,  1818,  between  Great  Britain 
and  the  Ignited  States  as  follows: 

"  It  is  agreed  that  any  country  that  may  be  claimed  by 
either  party  on  tho  northwest  coast  of  America,  westward  of  the 
btony  mountains,  shall,  together  with  its  harbors,  bays,  and 
creeks,  and  the  navigation  of  all  rivers  within  the  same,  be 
free  and  o])en  for  the  term  of  ten  years  from  the  date  of  the 
signature  of  the  present  convention  to  the  vessels,  citizens  and 
s"I)jects  of  the  two  powers;  it  being  well  nnderstood  that  this" 
aj:reement  is  not  to  be  construed  to  the  prejudice  of  any  claim 
which  either  of  the  two  bigh  contracting  pai'ties  may  have  to 
any  part  of  tho  said  country,  nor  sball  it  be  taken  to  affect  the 
claims  of  any  other  ]K»w(>r  or  state  to  any  part  of  the  said  coun- 
try; the  only  object  of  the  higb  contracting  parties,  in  tbat 
respect,  being  to  prevent  disputes  and  differences  amongst  tbem- 
selves." 

Otbor  attempts  to  settle  definitely  and  finally  tlie  dispnted 
bonndai-y  were  made  in  1824  and  1820  and  in  1827,  and  were 
unsuccessful.  In  tho  latter  year  the  agreement  of  1818  was 
renewed  for  an  indefinite  period,  except  that  it  was  provided 
that  either  government  might  annul  the  agreement  after  Octo- 
ber 20,  182s,  n])on  giving  twelve  months'  notice  to  the  other 
contracting  party.      Under  this  agreement,  until  the  treaty  of 


185835 


June  IT),  1810,  Orf'<;(»n  wns  in  a  Ic^nl  soiiso  in  tlio  joint,  occu- 
(uinoy  of  the  citizens  and  snitjccts  of  tlio  two  countrirs,  and 
.!niMn^  this  jwriod  of  joint  occnpanc.v  tlw  IlndsonTlJay  Com- 
pany and  its  co-ad jntant,  the  i  njict  Sound  Afjriodtiiral  Com- 
pany, cstaMislicd  nnnicrons  trading'  posts  and  forts  and  wcn^ 
.ictivc  and  nntiring  in  cndcavorinj;  to  monopoli/.c  all  trade  witli 
the  Intlian  trihes  and  to  nniintaiu  in  that  part  of  the  territory 
north  of  the  ('(dundtia  river  exclusive  contnd  in  the  hope  that 
it  inijii;ht  Iw  held  i)ermanently  as  Hritish  soil.  The  ajicnts  an*l 
factors  of  the  JIn<ls<»n^l>ay  Company  \ver(>  usually  ^raciotis  and 
a('c<»inmodatin^'  to  American  travelers  an<l  emiijrants  arrivinji; 
at  their  estahlishments;  nevertheless  they  were  adroit  and 
zealous  in  their  efforts  to  carry  out  the  ])olicy  of  tlu'ir  master 
to  ])revent  Americans  from  jinininj;  any  foothold  north  of  the 
('olund)ia  river,  althoufih  by  the  terms  of  the  conventions  of 
I  HIS  and  \S-27  ecpial  jtrivilegcs  in  the  whcde  and  everv  j)art  of 
the  territory  claime(l  l»y  both  countries  west  of  the  Uocky  moun- 
tains, and  in  the  waters  and  harliors  thereof,  was  guaranteed 
alike  to  American  citizens  and  l>ritish  subjects.  The  p>vern- 
niont  of  (inat  Hritain  had  juranted  to  this  company  the  exclu- 
sive rijyht  to  tra<le  with  the  Indians  and  obtain  furs  and  skins 
within  the  limits  of  a  vast  extent  in  British  America,  iucdudinji; 
all  the  territory  west  of  the  Kocky  mountains,  and  to  nniintaiu 
that  --'luable  monopoly  over  as  much  territory  as  it  coidd  |)os- 
sibly  cover  the  em'rfiies  of  this  com])any  were  exerted  to  tho 
utmost.  The  United  States  government  claimed  as  the  proper 
boundary  an  extension  eastward  of  the  line  afj,reed  upon  by  a 
treaty  between  the  United  States  and  Uussia,  and  afterward 
confirmed  by  a  treaty  between  Ifussia  and  (Ireat  liritain  as  the 
southern  boundary  of  the  southeast  part  of  Kussian-.\merica, 
now  called  Alaska,  that  being  the  line  of  54  degrees  40  minutes 
north  latitude,  but  in  several  attemi)ts  nnule  ])revious  to  the 
treaty  of  1840  to  settle  the  dispute,  had  offered  to  compromise 
by  extending  the  line  between  Canada  and  the  TTnitecl  States 
territory  east  of  the  Rocky  n»onntains  westward  to  the  Pacific 
ocean,  this  line  being  the  f(n"ty-ninth  parallel.  This  extremely 
generous  offer  was  alwavs  rejected  and  was  met  by  a  counter 
prop<isition  that  the  Columbia  river  from  the  intersection  of 
its  most  northeast  branch  with  the  forty-ninth  i»arallel  to  the 
ocean  should  be  the  boundary,  and  that  the  river  should  be 
always  free  and  open  to  tbe  ])eople  of  botb  countries;  and  that 
the  TTnited  States  should  have  a  detached  ])iece  of  country 
fronting  the  Pacific  ocean  and  the  Strait  of  Juan  do  Fuea  and 


coiiipriscd  within  the  [UTticnt  (•<-  'itics  of  (Miillain,  .IctTcrsdU, 
( 'licliillis  iiikI  Miisuii,  Mild  tliilt  tlicrc  sliMiiM  We  tree  t<>  tlir  I'liiU'd 
(States  iiiiv  I'acitic  coast  luii'lior  on  tlu>  iiiaiiilaiid  or  N'aiicoiivci' 
island  south  of  the  t'orfy«ninth  jiaralh-l  which  our  governniont 
ini^dit  sch'ct. 

The  contciiti(.n  for  sovereignty  did  not  deter  the  hardy 
Ainericaii  jiioiieers  of  the  \V»'sl  t'roni  enii^ratinf;  t<»  Oregon. 
.Iniinediatelv  after  the  acquisition  of  l^oiiisiaiia  h,v  purchase 
from  Napoh'oii.  the  t'xjiedition  of  Lewis  and  Chirke  was  sent 
hy  the  lirst  •^reat  advocate  td"  the  i(h'a  of  American  expansion, 
J*resi(h'iif  'I'hoinas  -letferson,  to  trace  the  ;''reat  river  of  Oregon 
from  its  source,  and  explore  the  count rv  through  which  it  flows 
to  the  sea;  the  cxi>lorers  were  followed  hy  trappers  and  fur 
traders;  after  them  came  the  missionaries,  and  tlie\'  were  fol- 
lowed hy  farmers  and  mechanics,  who  were  accompanied  on 
their  long  and  perilous  jouriH'V  hy  their  families,  for  they  came 
to  settle  down  jiermanently  upon  the  soil  and  to  set  up  and 
maintain  the  institutions  cd"  the  American  re])uhlic.  The  con- 
ditions created  hv  diplomacy,  however,  prevented  our  govern- 
ment from  extending  American  laws  or  exercising  governmental 
rtuthority  within  the  territory  prior  to  the  treaty  of  1S1(».  Our 
government  kept  faith.  The  pioneers  helieved  in  their  own 
capacity  for  self-government,  and  although  they  were  ever  true 
In  their  allegiances  to  the  I'liited  States,  their  necessities  ns- 
quiretl  that  they  should  have  laws  and  the  governmenfal  inn- 
chinery  necessary  to  preserve  good  order  and  protect  individuals 
in  their  rights,  and  to  this  end,  without  waiting  for  the  sanction 
of  the  national  government,  they  j-et  up  a  provisional  govern- 
ment of  their  own,  which  was  maiutained  from  the  year  lH4!i 
until  superseded  hy  the  territorial  government  proviiled  hy  the 
organic  act  passe([  hy  congress  in  the  year  iM4H.  'J'liis  pro- 
visional government  was  participated  in  hy  British  suhjects  and 
was  respected  hy  the  IliidsoiilJlJay  Company,  hut  only  to  a  lim- 
ited extent;  south  of  the  Coliimhia  river  its  laws  could  ho 
'Hiforced,  hut  not  so  on  the  north  side.  The  Iludson'sliay  Com- 
pany was  itself  a  government,  and  in  some  respects  very  tyran- 
nical, and  besides  the  British  home  government  was  not  so 
punctilious  as  the  United  States  in  ol)servance  of  the  spirit  as 
.veil  as  the  letter  of  the  conventions  providing  for  the  joint 
occupancy  of  Oreg(»n,  for  in  the  year  1821  ])arliament  ])asse(l 
an  act  reguhiting  the  fur  trade  in  Tiritish  America  and  hy  the 
same  act  asserted  civil  and  criminal  jurisdiction  over  British 
subjects  engaged  in  the  fur  trade  in  Oregon.      The  conditi<JU8 


♦wistinp;  jnst  |>ri<»r  to  tlio  trcnty  of  IRIH  arc  sliown  In  Mio  ff)n()W- 
inX  extract  fntiii  the  first  iiiiiiiial  iiicssaf^c  to  con/jii'css  hy  I'l'csi- 
dciit  .lames  K.  I'olk: 

"  Bcvoiwl  all  (Hicstion  the  ])rot('ction  of  «»ur  laws  and  our 
jurisdiction,  civil  and  criminal,  onjilit  to  he  immediately  <'X- 
ten<led  over  our  citizens  in  Orepm.  Tliey  have  had  jr.st  cause 
!o  complain  of  our  lonjj:  ncfjlect  in  this  particular,  and  have  in 
ronse(pience  heen  compelled  fur  their  own  security  and  protec- 
tion to  ostahlish  a  provisional  povernmeut  for  themselves. 
Strong  in  their  allegiance  and  ardent  in  their  aita-hment  to  the 
United  Slates,  they  hav(^  heen  thus  cast  upon  their  own  re- 
Hources.  They  are  anxious  that  (»ur  laws  he  ex^ende<l  over 
them,  and  I  r(>commend  that  this  h(^  done  hy  con{:;re!:*s  with  as 
little  delay  as  ])ossihle  in  Hie  full  extent  to  which  the  IJritish 
j)arliament  has  proceeded  in  regard  to  liritish  suhjects  in  tho 
territory  hy  its  act  of  .Inly  '2,  1S21,  'for  refiidatin;*:  the  fur 
trade  and  estahlishiuju;  a  criminal  and  civil  jurisdiction  within 
certain  parts  of  North  Auu-rica.'  Jiy  this  act  Gn'at  Britain 
extended  her  laws  and  jurisdiction,  civil  and  criminal,  over  her 
,'uhjects  engaged  in  the  fur  trade  in  that  territory.  By  it  the 
courts  of  the  province  of  Ui)pcr  Canada  were  empowered  to 
take  cognizance  of  causes  civil  and  criminal.  Justices  of  the 
l)eace  and  other  jiulicial  ofticers  were  authorized  to  hv  ap'pointed 
in  Oregon  with  power  to  (>xecuto  all  process  issuing  from  tho 
courts  of  that  province,  and  to  *  sit  and  hold  courts  of  record 
for  the  trial  of  criminal  oifenses  and  misdenu^anors  '  not  nuulo 
the  suhject  of  ca])ital  punishment,  and  also  of  civil  cases  where 
the  cause  of  action  shall  not  '  ex(!eed  in  value  the  amount  or 
sum  of  £200.' 

"  Subsequent  to  the  date  of  this  act  of  parliament  a  grant 
was  made  from  the  '  British  crown  '  to  the  Iludson'sliay  i\nn- 
])any  of  the  exclusive  trade  with  the  Indian  tribes  in  tlie  Ore- 
gon territory,  subject  to  a  reservation  that  it  shall  not  operate 
to  the  exclusion  '  of  tho  8ubj(>cts  of  any  foreign  states  who, 
under  or  by  force  of  any  convention  for  tho  time  being  between 
us  and  such  foreign  states  respectively,  may  be  entitled  to  ami 
shall  be  engaged  in  the  safd  trade.'  It  is  much  to  be  regretted 
that  while  under  this  act  British  subjects  have  enjoyed  tho 
protection  of  British  laws  and  British  judicial  tribunals 
throughout  the  whole  of  Oregon,  American  citizens  in  the  same 
territory  have  enjoyed  no  sucli  protection  from  their  govern- 
ment.     At  the  same  time,  the  result  illustrates  the  character 

6 


of  «»ur  people  and  tlu'ir  iiiHtitntioiH.  In  spite  of  lliis  nefjleet 
tliev  liave  iiiiilti|)lie(l  iiiul  their  itiiiithei'  is  nipitllv  iiiereiisiii^ 
ill  tliat  territ<»ry.  Tliey  Imvo  niude  no  ajtpeal  to  arms,  Imt 
liave  peacefjillv  t'ortiHed  lliemselves  in  their  m-w  hoines  hv  the 
a(h>ption  of  repuhlieaii  institutions  for  themselves,  furnishing 
another  exjiniple  of  the  trust  tlu't  self-^oririMuent  is  inherent 
in  the  American  hreast  and  must  prevail.  i  is  duo  to  them 
that  they  should  Im'  endiraeed  and  protec^ted  l»y  our  laws." 

Immediately  after  the  pritvisiomil  uvoniment  hii.l  he<n 
perfe<'N'd,  in  the  year  1S4,'),  the  Icfjisiatiire  seiit  a  iiiemorial  to 
eoiij^itss,  settinji;  forth  the  true  eouditi<*n  of  Uic^  iidnd)itants. 
This  was  j)resented  to  the  I'nited  States  senate  hy  Thomas  II. 
]ient<tn,  and  in  his  introductory  renujrl^s  that  great  America?* 
statesnum  ])assed  the  following  encomium  upon  the  memorial 
and  the  pioneers  who  drafted  it : 

"  These  j)etitioners  stated  that,  for  the  preservation  of 
ord(>r,  they  had  among  themselves  established  a  provisioiud  and 
temporary  government,  suhject  to  the  ratification  of  the  United 
States  government.  'JMie  petition  s<>ts  forth,  in  strong  and 
respectful  language,  arguments  why  the  citizens  residing  in 
(hat  section  of  country  should  be  protected  for  the  |)ur|)ose  of 
]>res<iving  their  rights,  an  i  also  as  a  means  of  jtreserving  order. 
The  memorial  was  drawn  nj)  in  a  nuuiner  creditable  to  the 
body  by  which  it  was  presented,  to  the  talents  by  which  it  was 
<li(rtated,  and  to  the  ])atriotic  sentiments  which  jx'rvaded  it;' 
and  the  application  was  worthy  of  a  favorable  consideration 
for  its  moderation,  reasonableness  and  justice.  As  the  Iwst 
means  of  spreading  tlu^  contents  of  this  petition  before  the 
country,  and  doing  honor  to  the  ability  and  enterprise  of  tli'ose 
who  ])resonted  it,  he  moved  that  it  be  read  at  the  bar  of  the 
senate." 

I  have  qiu^ted  Benton's  .''ords  to  prove  that  the  pionoeirf 
were  not  a  lawless  class  of  people,  nor  ignorant  nor  disl| 
They  did  not  forsake  their  homes  and  sck  freedom  in  tho^' 
derness  to  escape  from  persecution  or  oppression.  They  «i, 
simply  American  expansionists,  who  in  the  long  ago  had  wwli 
to  believe  that  the  American  republic  was  destined  to  rule  the 
American  continent;  tliey  had  discovered  that  the  land  was 
good,  the  climate  salubrious,  the  scenery  grand,  and  that  all 
the  natural  c(mditions  were  conducive  to  health,  prosperity  and 
hai)piness,  and  they  eauie  to  Oregon  to  be  the  founders  of  the 
new  states. 


The  bounclary  as  finally  agrootl  to  and  (loscril)Ofl  in  tlio 
treaty  of  184(5  was  proposed  by  Lord  Aberdeen,  who  at  that 
time  was  the  British  secretary  of  state  for  foreign  affairs,  and 
his  offer  was  snlmiitted  to  onr  secretary  of  state  by  the  British 
minister  at  Washington.  The  lino  follows  tite  forty-ninth 
parallel  westward  to  the  middle  of  the  channel  which  separates 
the  continent  from  Vanconver  island,  and  is  drawn  tlience 
sontherly  throngh  the  middle  of  the  said  channel  and  of  Fnca's 
straits  to  the  Pacific  ocean.  President  Polk  submitted  the 
offer  so  made  by  the  British  government  for  consideration  hy 
the  United  States  senate,  and  pursuant  to  a  resolution  of  the 
senate  it  was  accepted  and  the  treaty  was  very  soon  afterwards 
eonsunnnated.  The  president  and  his  cabinet  felt  that  we 
were  surrendering  a  large  and  valuable  territory  to  which  onr 
title  Avas  perfect.  Bobert  J.  Walker,  secretary  of  the  treasury 
in  the  cabinet  of  President  Polk,  protested  against  the  treaty, 
and  in  ISOS,  whicli  was  after  the  purchase  of  Alaska,  in  a  letter 
published  in  the  Washington  City  Chronicle,  he  explained  the 
transaction  as  follows : 

'*  We  own  now  the  whole  western  Pacific  coast  from 
Lower  California  to  the  Arctic  sea,  except  British  (\diu)d)ia, 
which  (against  my  earnest  })rotest  in  the  cabinet)  was  ceded  to 
England  in  1840.  I  sav  ceded,  for  our  title  to  the  whole  of 
Oregon,  from  the  forty-second  j)arallel  northward  to  Bussian- 
America,  was  in  truth  clear  and  unquestionable.  British  Co- 
hnnbia  was  lost  to  us  by  the  most  unfortunate  diplomacy,  ex- 
tending through  a  long  pcu'iod  of  time." 

Why  Ave  so  willingly  yielded  it,  ^[r.  Walker  explains  in 
-he  following: 

"  The  opposition  to  the  acquisition  of  Louisiana  was  goo- 
graphical  and  anti-slavery.  In  1821  Texas  was  relinquished 
partly  from  geographical,  but  mainly  from  anti-slavery,  oppo- 
sition. In  1845  the  opposition  to  the  annexation  of  Texas  was 
base(|,  m'hinly  upon  anti-sla\ery  grounds.  In  184G,  in  connec- 
tion ^ith  the  unfortunate  action  of  preceding  administrations, 
Oregon,  north  of  the  49th  parallel,  was  lost  to  the  Union. 
While  the  history  of  annexation  in  the  United  States  shows 
various  obstacles  by  which  it  has  been  retarded,  yet  the  chief 
among  these  Avas  the  discordant  element  of  slavery.  Thus  it 
Avas  that,  Avhile  the  free  states  to  a  great  extent  opposed  the 
acquisition  of  slave  territory,  the  slave  states  opposed  the 
acquisition  of  free  territor3\     But  for  these  opposing  princi- 


I 


I 


plos,  our  area  would  be  far  pjroator  than  it  1*8  now.  On  extin- 
guishing' shivcrv,  wo  have  removed  the  |)rin('i|)al  cause  which 
retanh'd  annexation.  We  see  already  tiie  good  etVects  of  the  • 
diaa[)p"aranee  of  this  institution  in  the  almost  unanimous  vote 
of  the  senate  hy  which  the  Alaska  treaty  was  ratitied.  liefore 
the  extermination  of  slavery  that  treaty  would  hav(  heen  de- 
feated upon  the  same  ])rinciple  that  Oregon  north  (d'  the  4!Hh 
])arallel  was  ceded  to  J^ngiand.  *  *  *''  (()mitti:ig  ([no- 
tations from  letters  |o  President  Polk). 

"  This  correspcmdence  needs  no  comment.  Tt  is  due,  how- 
ever, to  my  late  excellent  friend  and  chief,  .lames  K.  Polk,  to 
say  tl'.at  lie  wjis  most  sincen^ly  desirous  of  retaining  the  whole 
of  Oregon,  and  only  abandoned  it  when  he  arrived  at  the  con- 
clusi^/U  that  congress  would  not  sustain  him  in  the  measure. 

''  It  is  due  to  the  secretary  of  state,  James  Ihu'hanan,  to 
say  that  he  yielded  with  great  reluctance  to  the  sacrifice  of  any 
portion  ot"  Oregon." 

Whether  JNfr.  Walker's  statement  may  now  he  accepted  as 
the  truth  of  history,  or  regarde(l  as  a  mere  excuse  for  the  action 
taken  cojitrary  to  the  pledge  ujjou  which  the  executive  power 
was  entrusted  to  President  Polk,  is  at  least  an  open  (]uestion. 
T  will  not  take  time  to  discuss  it  now.  Taken  either  way,  Mr. 
Walker's  explanation  serves  to  empliasize  the  fact  that  our  gov- 
ernment was  generous  in  dividing  Oregon  by  a  line  pro])os(Ml 
by  Lord  Aberdeen.  It  was  supposed  that  when  this  was  done  a 
])erpiexing  controversy,  which  was  started  <luring  President 
Jeffe.'son's  administration,  had  been  brought  to  an  end,  but 
scancdy  had  the  ink  used  in  signing  the  treaty  time  to  dry 
before  the  Hudson  Bay  Com|)any  renewed  the  agitation,  and 
soon  there  wx>re  rumors  that  the  British  would  insist  up(m  a 
construction  of  the  treaty  which  would  give  them  the  group  of 
islands  known  as  the  ITaro  archipelago,  this  to  be  e^ectcvl  by 
drawing  the  line  from  the  point  where  the  40th  parallel  crosses 
the  middle  of  the  channel  which  separates  the  continent  frcmi 
Vancouver  island  to  the  eastward  of  the  archipelago  and  then 
take  a  southerly  course  through  Kosario  strajt,  instead  of  tak- 
ing the  dirert  southerly  course  from  the  line  of  the  4i)th  paral- 
lel through  the  (^anal  I)e  Ilaro.  That  contention  was  not 
finally  silenced  until  the  year  1873.  Tt  is  not  extravagant  to 
say  that  probably  it  cost  our  government  as  niuclL  to  maintain 
our  rights  under  the  treaty  of  1840  as  it  would  have  cost  us  to 
retain  the  whole  of  Oregon  up  to  the  line  of  54-40.     Wlien  the 


first  rumor  of  tliis  elaiin  was  sot  afloat,  our  minister  at  the 
court  of  St.  .Tames,  lion.  George  Bancroft,  nnuie  inquiry  con- 
cerning it,  with  the  result  that  the  impression  became  fixed 
ui)on  his  mind  that  it  was  only  the  lludsonSBay  Company  that 
was  trying  to  claim  the  islands  and  that  the  home  government 
would  not  sui)port  any  such  contention.  However,  we  were  not 
left  long  t<»  our  dream  of  peace,  for  with  the  first  proposition 
made  by  the  liritish  minister  at  Washington  in  January,  184:8, 
for  a  joint  conmiission  to  fix  definitely  the  water  boundary, 
there  was  submitted  a  draft  of  instructions  to  the  proposed 
connuission  to  draw  the  boundary  line  through  llosario  strait. 
The  suggj'stion  for  joint  instructions  was  not  assented  to,  but 
in  1S.')(1  commissioners  were  appointed.  The  American  com- 
missioner was  left  untrammeled  by  instriictions  other  than  the 
words  of  the  treaty,  but  the  British  coumiissioner  had  to  act 
under  instructions  from  his  government  to  claim  the  middle  of 
Kosaria  strait  as  the  proper  line,  and  in  case  of  failure  to  se- 
cure the  assent  of  tlu;  American  commissioner  to  that  line,  then 
to  propose  as  a  compromise  a  line  through  an  intermediate 
channel  which  would  giv(!  San  Juan  island,  the  largest  of  the 
group,  to  the  British.  The  claim  and  the  ofi:"er  to  compromise 
were  both  rejected.  When  asked  to  define  the  grounds  upon 
which  their  claim  rested,  the  representatives  of  the  British 
government  answered  that  it  was  based  upon  the  peculiar 
words  of  the  treaty,  taking  the  middle  of  the  channel,  which 
separates  the  continent  from  Vancouver  island,  instead  of 
adopting  phraseology  consistent  with  the  idea  of  separating  the 
smaller  body  from  the  greater,  that  is,  separating  Vancouver 
island  from  the  continent.  In  this  we  have  a  rare  specimen 
of  the  refinement  of  the  tweedle-dee  tweedle-dum  argument. 
These  distinguished  diplomats  gravely  assumed  that  there 
could  be  a  difference  between  the  middle  of  the  channel  which 
separates  the  continent  i'voux  Vancouver  island  and  the  middle 
of  the  channel  which  separates  Vancouver  island  from  the  con- 
tinent. The  only  evidence  as  to  the  intention  of  the  contract- 
ing i)arties  offered  in  suj)port  of  this  remarkable  theory  was 
the  fact  that  in  drafting  his  proposal  to  be  submitted  to  the 
United  States,  Lord  Ab(>rdeen  at  first  thought  of  mentioning 
the  Canal  De  Haro  spc^cifically  by  name,  but  had  rejected  that 
form  of  words  and  had  deliberately  chosen  the  words  which  I 
have  quoted,  a  fact  which,  if  it  proves  anything,  proves  that 
Lord  Aberdeen  himself  had  the  (\iual  De  Haro  in  mind  as  the 
jH'oper  boundary  if  the  British  were  to  be  permitted  to  hold  all 


10 


of  Vancouver  island,  and  that,  ho  considorod  th(>  words  choson 
to  be  the  exact  equivalent  of  a  specific  inference  to  the  Canal 
l)e  Ilaro  by  name,  and  so  it  will  appear  to  any  one  who  con-  • 
siders  the  question  with  the  map  before  his  eyes.  Of  course, 
the  connnissioners  were  unabh,'  to  complete  thier  work.  Pro- 
ceedings of  the  county  officers  of  Whatcom  county  to  enforce 
payment  of  the  taxes  ass(»sscd  upon  proi)erty  of  the  llubson'J 
Bay  Company  situated  upon  San  J  mm  ishmd,  became  the  basis 
of  an  enormous  claim  which  that  company  preferred  against 
the  United  States  government  for  damages,  in  consequence  of 
which  the  county  officers  Avere  subsequently  hauqx-red  in 
enforcing  the  laws  upon  the  island  by  instructions  from  Presi- 
dent Pierce  to  Gov.  Stevens.  P>ut  notwithstanding  this  at- 
tempt upon  the  part  of  our  national  government  to  avoid  all 
occasion  for  disturbance  of  peacefid  relations,  the  issue  was 
forced  in  the  year  1859  by  a  threat  on  the  part  of  an  agent  of 
the  Hudson  Bay  Company  to  arrest  an  American  citizen  on 
San  Juan  island  and  take  him  to  Victoria  for  trial  for  having 
killed  a  pig  belonging  to  that  company,  which  had  annoyed 
him  by  I'ooting  in  his  garden.  The  American  offered  to  pay  a 
reasonable  price  for  the  pig,  but  he  prepared  to  resist  arrest 
with  force  and  arms,  and  in  response  to  an  ai)peal  from  his 
neighbors  made  to  Gen.  Harney,  then  conunanding  the  mili- 
tary department  including  Washington  territory,  for  protec- 
tion, that  resolute  American  officer  ordered  (^apt.  Pickett  to 
move  his  company  of  American  soldiers  from  Bellingham  bay 
to  San  Juan  island  and  to  protect  the  American  citizens  resid- 
ing there  from  molestation  by  British  officials.  Capt.  Pickett 
very  promptly  moved  his  company  over  to  the  island  and  i)re- 
pared  to  carry  out  the  further  instructions  given  to  him  by  his 
superior;  thereupon  Charles  James  Griffin,  an  agent  of  the 
TIudson^Bay  Company,  notified  him  that  the  island  on  which 
his  camp  was  pitched  was  the  property  of  and  in  the  oc(!upati(Mi 
of  the  Hudson'^Bay  Company,  and  demanded  that  he  and  the 
whole  of  his  party  should  immediately  cease  to  occupy  the 
same,  and  threatened  to  proceed  against  him  as  a  trespasser  in 
ease  of  his  refusal  to  comply  with  his  demand.  Pickett  after- 
wards immortalized  himself  by  leading  the  Confederate  troo|)s 
in  their  great  charge  on  the  bloody  field  of  Gettysburg,  but  he 
first  gained  renown  by  his  defiance  of  the  British  lion  on  San 
Juan  *  and.  lie  said  in  effect  to  the  agent  of  the  irudsonTBay 
(\)mpany  and  afterwards  to  the  captains  of  the  British  war- 
Bhips  Tribune,  Plumper  and  Satellite,  that  he  came  to  occupy 

11 


l!l'.! 


^ 


tlic  island  with  liis  ooiiiinand  piirsiiiint  to  an  order  from  his 
coiniiiaiidiiiji;  gt'iicral,  and  that  he  wctuld  remain  there  until 
recalled  hy  the  same  authority,  and  he  gave  them  all  to  under- 
stand that  an  atteuipt  to  plaee  a  Jiritish  military  force  on  the 
island  would  surely  precipitate  a  conflict,  for  he  would  not  con- 
sent to  even  a  temporary  joint  military  occupancy,  nor  recog- 
iiiz(!  any  goverlimental  i)o\ver  u[)on  the  islanil,  save  tlie  govern- 
ment of  the  United  States.  The  movements  of  the  JJritish  fleet 
indicated  a  pu''i)ose  to  drive  I'ickett  from  the  island,  hut  (ien. 
lljirncy,  although  an  old  man,  wi;s  not  afraid  to  slioulder  tlu^ 
responsihility  of  meeting  aggressions  in  a  way  that  might  i)re- 
cipitato  a  war  with  (Jreat  Britain.  lie  met  the  demonstrations 
ot  the  fleei  by  sending  a  larger  body  of  troo])s  to  the  island 
un<ier  command  of  Col.  Silas  Casey,  who,  after  the  landing  of 
his  {Mtmmand,  sent  an  apology  to  the  conunanding  officer  of  the 
liritish  vesselsfor  not  having  landed  under  the  guns  of  their 
ships,  protesting  that  n(»  discourtesy  was  intended,  hut  a  storm 
iiad  nnide  it  necessary  to  land  on  the  oppctsite  side  of  the  island. 
In  this-situation  matters  remained  until  (ien.  Scott,  under  in- 
structions from  th'"  president,  arranged  for  the  joint  military 
'tccupancy  of  San  Juan  island,  which  continued  until  the  linal 
termination  of  the  dispute.  I'nder  a  pr(»vision  of  the  treaty  of 
Washington,  made  in  the  year  1S71,  the  question  of  the  {jroju'r 
c(»nstruction  of  the  treaty  of  1S4()  as  to  the  water  boundary 
between  our  territory  and  ]iritisli  (^)lum])ia  was  sid)mitted  to 
I'jnperor  William  I.  of  Germany  for  his  decision  as  arbitrator, 
and  his  decision,  rendered  in  1S73,  was  in  accordance  with  the 
))lain  words  and  meaning  of  the  treaty  as  everybody  had  under- 
stood it,  from  the  time  it  was  agreed  to,  that  is  to  say,  the 
American  title  t<»  San  Juan  island  and  the  whole  of  the  llaro 
archipelago  Avas  affirmed.  After  the  emperf  r's  decision  jiad 
been  announced  and  duly  certified  to  the  two  governments, 
nothing  remained  to  complete  the  adjustment  of  the  Ixtundary 
(|uestion  excejit  for  the  I5ritish  soldiers  to  withdraw  from  San 
.fuan  island,  but  they  seemed  to  have  invited  themselves  to 
still  tarry  on  American  soil,  for  tliey  did  not  move  until  Klislia 
i'.  Ferry,  governor  of  Wasliington  territory,  notified  tliem 
ilrndy  ami  peremi)torily  to  withdraA\;^>I^Tt  was  a  game  of  bluff 
I'rom  the  start,  and  it  is  anni/.ing  that  the  British  ministry 
should  have  ever  been  induced  by  the  Ihidsctn^Bay  Company 
to  play  with  such  a  hand. 

T  hav(»  spoken  of  the  ])olicv  of  the  Uudson^Bay  Company 
prior  to  ihe  treaty  of  1840,  to  keep  Americans  from  gaining  a 


12 


foothold  north  of  tho  roliiinhia   river.      T   will   now  cito  ouo 
instance  showing-  tho  behavior  of  the  ediapanv's  rei)resentativert 
towards   Anieriean  inindp-ants.      In  the  fall  of  1S44  a  iarj^e 
l);;rty  of  Auiericaiis  arrived  and  canipeil  at  \Vashoui>al,  on  the 
i.ortii  side  of  the  river,  ahove  Vancouver.     The  i)art\-  included 
a  nund»er  (»f  tho   inctst   prominent  fiii'ures   in   pioneer   history, 
.inionii'  them  heinji-  (leorji'o  Ilnsli,  from  whom   Ihish  ])rairie,  in 
Thurston  county,  took  its  mime;     Mr.  Jesso  Ferf^uson,  who,  I 
am  f^lad  to  say,  is  now  with    ns    on  this    platform,  and  ('ol. 
Michael  T.  Simmons.     Ihish  was  a  colored  man,  hut  very  intel- 
Jificnt  and  thrifty,  and  a  generous  character;     he  had  rendered 
valnahle  hnancial  aid  to  s(mio  of  his  fellow  travelers  on    the 
journey,  and  ho  always  connnanded  the  respect  of  those  who 
knew  iiim.       IFo  came  to  Oregon,  oxpecting  to  enjoy  greater 
]>rivileges  than  wore  accorded  to  people  (d"  Ids  race  in  Missouri. 
It  was  his  intention  to  accomi)any  his  friend  Simmons  to  the 
Kogue  river  valley,  in  Southern  Oregon,  and  settle  there,  hut 
he  found  himself  proscribed  hy  an  act  of  the  provisional  legis- 
lature, forbidding  negroes  ami  mulattoes  from  living  in  Ore- 
gon.    Sinnnons,  for  one,  was  not  willing  to  desert  him  under 
the  circumstances,  and  he  decided  to  reconnoiter  Pnget  sound, 
with  a  view  to  changing  the  destination  of  his  jjarty  and  set- 
tling in  this  region,  should  the  country  appear  to  be  inviting. 
Acting  on  this  impulse,  he  ap])lied  to  the  lludson   P>ay  ]>eople 
at  Vancouver  to  rent  a  hous(!  for  his  faunly  to  live  in  during 
the  wititer.     He  was  received  with  courtesy,  but  he  did  not  get 
the  house.      The  company's  agent  would  hav<'  treated  him  gen- 
erously, as  they  did  all  newcomers,  if  his  destination  had  been 
anywhere  soutii  of  the  river,  but  they  refused  flatly  to  shelter 
his   family  unless  he   would   abandfm   the   idea   of  coudng   to 
Pnget. sound.     Simmons  at  once  com]»rehended  thotr  reason  tor 
their  attitutio,  and  his  resolute  spirit  was  aroused.     The  fact 
that  the  company  ol)jected  to  the  presence  of  Americans  on  the 
north  side  of  the  river  wat.  !n  his  estimation  an  additional  rea- 
son for  executing  his  jnirposo.     lie  resolved  to  come,  and  come 
he  did.     For  lack  of  provisions  and  facilities  he  failed  in  his 
first  attempt  to  cross  from  the  Cowlitz  river  to  the  lieadwaters 
of  Pugot  sound,  but  undaunted,  he  ])ersevor(Hl,  and  finally,  in 
the  fall  of  1845,  he  and  his  i)arty  overcame  all  obstacdes  and 
made  the  first  settlement  at  and  near  Tumwater.      All  honor  is 
due  to  Simmons  and  Bush  and  Ferguson,  and  the  intrepid  ])io- 
noers  of  their  class,  who  rendered  services  to  our  country  oi  tho 
greatest  importance,  by  refusing  to  be  crowded  out  of  any  por- 


IS 


tlon  of  Oregon  torritory.  Tlioy  loft  our  statosmon  no  pretext 
i(,r  surrendering'  Pujict  soiuul,  on  the  ground  of  exclusive  occu- 
jiiincy  of  the  country  by  JJrtiisli  subjects.  The  administration 
a.  \Vashiiigt(jn  coukl  not  haul  down  the  Stars  and  Stripes  after 
ibe  pioneers  had  set  our  flag  on  these  shores. 

Jia])j)ily,  .the  greed  of  the  Hudson SBay  Company  has 
ceased  to  menace  the  peace  of  nations,  but  all  disputes  with  our 
northern  neighbors  over  boundary  lines  have  not  been  setth^d. 
In  the  year  1<S(!7  we  purchased  Alaska  and  all  its  coast  line, 
islands,  bays  and  inlets,  with  a  clear  and  undisputed  title,  and 
tlur  boundary  between  that  country  and  Britisli  Cohnnbia 
cU'arly  defined  by  the  convention  between  Ivussia  and  Great 
Britain,  uuuU'  in  the  year  182.").  Xo  (piestion  as  to  the  ])roper 
construction  of  tlie  treaty  «u'  location  of  the  boundary  had  ever 
been  suggested  and  exchisive  possession  was  given  to  us  peace- 
ably, and  we  retained  it  peaceably'  until  after  the  enterprise  of 
(tur  citizens  had  nuule  good  ])rogress  in  unlocking  the  wealth  of 
tliat  northern  country.  Tiien  our  Canadian  neighbors  began 
nuiking  changes  in  their  maps.  1  lie  liouudary,  as  defined  in 
the  tliird  and  fourth  articles  of  the  convention  of  1825,  is 
described  as  follows: 

"  Commencing  from  the  southernmost  point  of  the  island 
called  Prince  of  Wales  island,  which  lies  in  the  ])arallel  of  5  4r 
th'grees  10  minutes  north  latitude,  and  between  the  llJlst  and 
IJJI'xl  degrees  of  west  longitude  (meridian  of  Greenwich),  the 
yr.id  line  shall  ascend  to  the  north  along  the  channel  called 
Portland  channel,  as  far  as  the  point  of  tlie  continent  where  it 
sirikes  the  r)(Uh  <legre(>  of  north  latitude;  from  this  last-men- 
tioned ])oiut  the  line  of  demarkaticm  shall  follow  the  smnmit 
of  the  moiuitains  ])arallel  to  the  coast  as  far  as  the  point  of 
intersecti<m  of  the  141st  degree  of  west  longitude  (of  the  same 
Lueridiau)  ;  and  finally,  from  the  said  point  of  intersection, 
the  said  meridian  line  of  the  141st  degree,  in  its  prolongation 
as  far  as  *ho  Frozen  ocean. 

'^  IV.  With  reference  to  the  lino  of  demarkation  laid 
down  in  the  ])receding  article,  it  is  understood — 

"  First — That  the  island  called  Prince  of  Wales  island 
cOiall  belong  wholly  to  Russia. 

"  Second — That  whenever  the  summit  of  the  mountains 
which  extend  in  a  direction  parallel  to  the  coast  from  the  .'^Oth 
degree  of  north  latitude  to  the  imiut  of  intersection  of  the  141st 

14 


. 


clo£];roo  of  west  lon^itiido  sliall  provo  to  ho  at  tlio  (listaiioo  of 
iiiort'  tluri  ten  iiiariiic  Icaji'ucs  I'roiii  tlic  ocean,  tlio  limit  iM'twccii 
the  Dritisli  possessions  and  the  line  of  coast  which  is  to  lu'lonj^ 
to  Ivnssia,  as  above  mentioned,  shall  be  formed  by  a  line  jiaral- 
lel  to  the  winding's  of  the  coast,  and  which  shall  never  exceed 
the  distance  of  ten  marine  leaf>nes  tluM-efrom." 

This  description  of  the  boundary  lino  is  about  as  clear  and 
froo  from  ambiguity  as  it  could  possibly  bo  made  in  the  Kn- 
^lisli  language,  and  Senator  Charles  Sunmer  was  entirely 
justified  in  saying,  in  his  great  speech  advocating  the  ])urchase 
of  Alaska,  that:  "  I  nn\  glad  to  begin  with  what  is  clear  and 
lu'vond  (pu'stion.  I  refer  to  the  boundary  fixed  by  the  treaty." 
In  tho  year  1821  tlio  Russian  emperor,  by  his  ukase,  excluded 
foreigners  from  pursuing  commerce,  whaling,  fishing  and  all 
other  industries  within  100  Italian  miles  from  tho  coast  and 
on  the  adjacent  lands,  down  to  the  Hist  parallel.  By  the  treaty 
made  with  the  United  States  in  1<S24,  and  with  Great  Britain  in 
1825,  Hussia  relincpiished  her  claim  of  jurisdicticm  south  of 
the  lin  of  fiftv-foui-  forty,  but  secured  in  unmistakable  terms 
confirmation  of  her  claim  to  the  entire  coast  north  of  that  line, 
and  tho  key  to  the  correct  reading  of  the  description  of  tho 
boundary  in  the  convention  of  1825  is  to  be  found  in  the  words 
*'■  tho  limit  between  tho  British  possessions  and  the  line  of  tho 
coast  which  is  to  belong  to  Bussia,  as  above  mentioned,  shall 
be  formed  by  a  line  ])arallel  to  tho  winding  of  the  coast."  To 
make  it  perfectly  clear  that  the  coast  lire  in  its  entirety  and  in 
its  integrity  should  belong  to  Bussia,  the  range  of  mountains 
parallel  to  tho  coast  was  fixed  upon  as  a  natural  boundary,  not 
f'le  foothills  and  spurs  nearest  tho  coast,  but  tho  convonti<m 
specified  ^hat  the  lino  of  domarkation  should  follow  the  sununit 
of  the  mountains, ^lie  object  being  to  secure  to  Bussia  only 
enough  land  adjacent  to  tho  coast  to  constitute  a  fence,  which 
thould  preclude  any  chance  of  the  British  ever  gaining  any  pre- 
text of  a  right  to  the  ])ossession  of  any  seaport,  it  was  consist- 
( ntly  with  this  object  provided  that  if  tho  summit  of  tho  moun- 
tains should  bo  found  to  bo  more  than  ton  marine  leagues  dis- 
tant from  he  ocean,  then  and  in  that  case,  instead  of  the  sinn- 
mit  of  the  mountains  constituting  tho  boundary,  tho  limit  of 
the  coast  line  belonging  to  Bussia  shall  be  formed  by  a  line 
parallel  to  and  not  a  greater  distance  than  ton  marine  leagues 
from  tho  winding  of  tho  coast.  It  is  important  to  notice  that 
tho  line  Prom  which  tho  distance  is  to  be  measured,  and  which 
is  to  bo  parallel  to  the  boundary  lino,  is  not  tho  shore  of  the 

16 


'iccan  Tior  tlio  f^ononil  ccnirse  of  tho  coasl^  lino,  but  to  mako 
aissiiraiu'i'  doiiMv  sure,  the  linssiaiis  stipulated  fur  a  liuc; 
parallel  to  the  wiudiiiUH  of  the  coast.  And  it  is  also  to 
he  renieuihered  that  the  words  of  important  pajx'rs  lik(3 
international  treaties  are  to  he  uiulerstood  as  havinj;'  heen 
earet'ully  seleeted  to  express  the  exact  nieaninji'  of  the  i)ar- 
ties  to  such  a^reeiuents.  'I'he  words  ocean  and  coast  are 
i»<»t  svuonvnious,  and  ay  used  in  the  convention  hetweeu 
Russia  .lud  (ireat  Britain  they  refer  to  different  objects. 
Senator  Sumner  and  the  world  had  a  right  to  snpiM»se  that 
the  most  ingenious  (juibbler  would  never  bo  able  to  provoke; 
discussion  as  to  any  (juestion  in  regard  to  the  correct  reading  of 
this  treaty.  IJut  without  a  pretext  of  right  on  their  side,  the 
('ana<lians  juive  succeeded  in  involving  <»ur  government  in  a 
diplomati(r  controversy  M'ith  Great  Britain  over  this  boundary 
line.  At  first  the  claim  was  set  nj)  that  the  coast  line  should  be 
/trawn  outside — that  is,  to  the  seaward — of  the  chain  of  islands 
along  the  coast,  and  that  in  place  of  the  line  np  the  Portland 
channel,  specifically  named  in  tlio  treaty,  the  boundary  should 
go  np  Behm  canal.  By  nniking  these  few  changes  the  Cana- 
dians vv'otdd  have  crowded  Uncle  Sam  entirely  off  the  uuiinland 
south  and  east  of  Cape  Spencer.  That  idea,  I  Ixdieve,  has  been 
abandoned,  and  tbo  latest  Canadian  pretension  "which  I  have 
heard  announced  is  that  the  arm  of  the  sea  called  Lvnn  canal 
in  fact  ])enetrates  into  ]?ritisli  territory;  that  is,  within  the 
line  which  follows  the  summit  of  the  nunmtains,  so  that,  taking 
the  crest  of  the  nujuntains  as  being  the  boundary  line,  l^ynn 
canal  is  territorial  watcsr  within  tlu!  confines  of  Canadian  pos- 
sessions. Manifestly  this  claim  is  logi(!ally  unsound,  and  it  is 
jdiysically  impossible  to  sustain  it.  I  say  physically  impos- 
sible, because  the  s^unmit  of  the  mountains  is  so  high  above 
tid(;  level  that  the  canal  cannot  fl(tw  across  a  boundary  Avhieh 
follows  the  summit;  and  if  the  canal  divides  the  mountain 
range  and  penetrates  the  interior  through  the  numntains,  then 
it  nnist  necessarily  break  the  continuity  of  the  boundary  line. 
TS'o,  if  the  adjacent  mountains  are  not  more  than  ten  marine 
leagues  from  the  ocean  the  boundary  must  follow  the  summit 
around  the  head  of  the  canal,  instead  of  stretching  across  from 
the  crest  on  one  side  of  Lynn  canal  to  the  crest  on  the  opposite 
side,  be(%anse  the  treaty  says  "  follow  the  stimmit ; "  otherwise 
the  boundary  must  be  laid  parallel  to  the  coast  line  and  at  a 
distance  not  greater  than  ten  marine  leagues  from  it,  which  will 
])lace  it  near  Lake  Heniu'tt,  where  the  Kussians  held  the  line  to 
be  before  they  sold  the  cotintry  to  us. 

16 


-•■  How  can  wo  hriii";  the  controvorsy  to  an  end  without  a 
sncn'ticc^  It  irt  to  aid  in  solving  this  prohloni  that  I  have  vo- 
c'itcd  the  history  of  the  controversy  with  rctcrencc  to  Oregon- 
and  the  San  Juan  ishind  ind)roglio.  But  the  reeital  is  not  eoni- 
plete.  It  remains  to  he  toh).  how  Lord  Aherch'en  was  l)rought 
to  make  a  proposal  to  our  government  in  whieh  he  ahau<h)ned 
tiie  British  eontention  for  the  (\»lumbia  river  boundary.  In 
»he  presi'lcntial  campaign  of  1H44  the  Democratic  ])arty  de- 
clared itself  in  favor  of  holding  all  of  Oregon  to  the  line  tifty- 
four-forty  or  tight,  and  on  the  faith  of  that  pledge  the  Xorthern 
states  gave  enough  votes  to  Tames  K.  Polk  to  defeat  IFenry 
Clay.  The  congress  elected  at  the  same  time,  in  fultillment  of 
the  pledge,  passed  a  resolution  directing  the  ]>resident  to  give 
the  notice  recpiired  to  terminate  the  agreement  f<^r  joint  occu- 
pancy. The  president  accordingly  gave  the  notice  and  with- 
<lrew  our  offer  to  compromise  on  the  forty-ninth  parallel.  On 
tne  22d  day  of  ^lay,  1S40,  Lord  Aberdeen  acknowledged  re- 
ceipt of  the  notice  in  London,  and  on  the  15th  of  June  the 
treaty  Avas  consummated  in  Washington.  As  this  was  before 
the  existence  of  the  Atlantic  cable,  you  see,  results  came 
swiftly  when  the  Americans  showed  a  disposition  to  be  ilr^n 
in  maintaining  their  rights.  There  could  have  been  no  trouble 
over  San  Juan  island  if  there  had  been  no  such  temporizing 
policy  as  ap])eared  when  President  Pierce  instructed  Gov. 
Stevens  to  restrain  the  county  officers  from  collecting  taxes 
and  enforcing  laws  on  that  island.  From  the  history  of  the 
])ast  we  are  taught  the  lesson  that  so  long  as  diplomatic  discus- 
sion can  be  kept  \ip,  and  Avhile  the  United  States  can  be  in- 
'hiced  to  assent  to  the  joint  occupancy  of  her  own  territory, 
ihese  controversies  cannot  be  brought  to  a  close.  We  must 
make  a  compromise  and  a  sacrifice,  or  else,  by  submitting  to 
arbitration,  invite  some  outsider  to  give  a  shave  of  the  territory 
and  the  commercial  advantages,  which  are  rightfully  ours,  to 
the  Canadians,  or  else  we  must  do  what,  under  the  circum- 
stances, is  the  right  thing  to  do ;  that  is,  to  end  the  discussion 
by  withdrawing  all  propositions  which  our  government  has  sub- 
mitted and  rejecting  all  which  have  been  made  to  us,  and  retain 
die  whole  of  Alaska  and  its  waters,  ■which  are  now  in  our  pos- 
session, and  say  no  more  about  it.  Our  right  is  perfect ;  we 
are  in  j^ossession ;  it  would  be  foolish  and  wrong  to  sacrifice 
or  submit  to  arbitration  the  birthright  of  American  citizens 
who  now  inhabit  the  cities  on  Lynn  canal.  Three  years  ago  T 
heard  the  lord  chief  justice  of  England,  Lord  Russell  of  Kill- 
owen,  in  an  address  before  the  American  Bar  Association   on 


17 


114 


I 


\ 


v; 


J^- 


tlio  siihjort  of  iiit(>rnatif»nnl  Ir.w  nnd  nrbitrntioii,  speak  tlio  fol- 
]<t\viiij»'  Words;  '*  Friend  as  1  am  of  j>ea('<',  I  \void<l  vet  aiHnn 
t'lat  there  luav  he  even  greater  eahiiiiities  tlian  war — the  <lis- 
Jionor  of  n  nation,  the  triumph  of  an  unrighteous  cause,  the 
pc'rpetuation  of  hopeless  and  debasing  tyranny. 

"War  is  honorable  ' 

'  In  those  who  do  their  native  rights  maintain, 

In  those  whose  swords  an  iron  barrier  are 
Between  the  lawless  spoiler  and  the  weak, 
lUit  is,  in  those  who  draw  th'  ofiersive  blade 
For  added  power  or  gain,  sordid  i»'id  despicable." 

"  _Men  do  not  arbitrate  where  charactei*  is  at  stake,  nor 
will  any  self-respecting  nation  readily  submit  to  arbitration  on 
questions  touching  its  national  independence  or  affecting  its 
honor." 

And  less  than  a  year  ago  I  heard  our  honored  ambassador 
at  London,  Joseph  II.  Ohoate,  in  an  address  before  the  same 
association,  lend  the  power  of  his  eloquence  in  approval  of  the 
hamc  sentiment.  Said  he:  "  Yon  will  remember  that  only  two 
years  ago  in  this  very  presence  the  lord  chief  justice  of  Eng- 
land in  his  admirable  disconrse  before  you  on  arbitration,  de- 
clared, with  your  unanimous  approval,  tliat  there  may  be  even 
greater  calamities  than  war,  and  that  national  dishonor  is  one 
of  them."  It  is  neither  necessary  nor  wise  to  suffer  American 
citizens  who  have  acquired  rights  on  Lynn  canal,  in  the  same 
v»-ay  that  the  pioneers  of  Oregon  acquired  the  right  to  be  ]iro- 
tected  under  the  American  flag,  to  be  continually  harassed  by 
negotiations  which  may  e\ontuate  in  their  being  turned  over  to 
the  cold  charity  of  a  foreign  power.  The  American  cities  of 
the  Pacific  coast,  entitled  to  enjoy  the  advantages  of  trade  with 
the  gold-producing  region  of  the  Xorth,  are  also  entitled  to 
some  consideration. 

There  is  no  question  of  peace  or  war  involved ;  the 
British  will  cai*ry  on  diplomatic  discussion  indefinitely  if  we 
permit.  I  do  not  question  their  courage  to  fight  ns  if  we  give 
them  just  cause  for  doing  so,  which  I  hope  we  never  may,  but 
^vith  no  basis  in  right  for  such  action,  they  will  never  attempt 
to  dispossess  the  Americans  on  Lynn  canal  by  force.  The  case 
might  have  been  verv  different  if  the  Canadians  had  ever  been 
permitted  to  occupy  Skagway  or  Dyea  or  Haines  with  a  mili- 
tary force,  but  in  1897,  Gen.  T.  M.  Anderson  was  sent  with 
the  Fourteenth  infantry  in  time  to  head  off  a  movement  to  steal 
a  march  upon  us  in  that  direction.'^They  took  possession  of 
ground  which  is  ours  between  Lake  Bennett  and  the  summit, 

IS 


Imt  we  hold  the  coast  line,  niid   we  should  just   kcc))  what   wo 
have  and  stop  talking  ahout  junviii^'  uj)  any  part  of  it.     It  would 
he  a  blunder  on  the  part  of  President   MeKiuley's  administra- 
tion which  ])osterity  will  never  forjijive  if,  while  seudiiifr  Amer- 
ican S(ddiers  to  fip:ht  and  die  in  nuiintainin^'  American  s(»ver- 
cignty  (»ver  distant  islands,  the  soil  and  the  seaports  in  our  own 
possession  and  the  commercial  advantages  whi(rh  their  posses- 
sion insures  shall  ix-  ceded  to  Canada,  or  lost  through  any  lack 
of  firmness  in  maintaining  our  just  rights,     Far  he  it  from  mo 
1o  utter  a  word  in  disparagement  of  the  course  jmrsued  hy  tho 
adndnistration   with  respect  to  tho  Philii>pine   islands.      I    ho- 
Hevo  that  events   have   placed  (mr  government    in   a   position 
where  it  could  not,  witlutut  ahsolute  cowardice,   do  otherwise 
than  use  the  power  of  rhe  government  as  Presi<h'nt  McKinley 
has  Ijcon  using  it  during  the  past  year,     1  am  in  favor  of  hold- 
ing the   IMiilippiiu'  islaiuls,  at  least  until   there  shall   he  such 
change  of  conditions  as  to  indicate  that  we  uuiy  safely  leave  tho 
in(ud)itants  to  govern  thomsolvos,  and  that  it  will  ho  our  duty 
to  do  so,  ,iml  I  am  also  in  favor  of  holding  all  of  Alaska  and  all 
<)+  its  harbors.     And,  more  than  that,  I  want  tho  Ignited  States 
g'>veriuuent,  without  further  delay,  to  provider  a  good  govorn- 
niont  for  the  people  of  Alaska,     Bosid(>s  the  rights  inci(iont  to 
the  mining  and  fishing  industries,  and  tho  linos  of  transporta- 
tion which  servo  thorn,  all  of  wliich  need  the  protection  ot  roa- 
Eonablo  laws,  the  inhabitants  have  congregated  in  towns  and 
cities,  families  are  there,  and  so  far  they  have  been  left  without 
rhe  ]iower  of  legislating  for  thomsolvos,  without  efficient  courts 
of  justice  and  without  means  to  provide  revenue  for  maintain- 
ing a  police  service,  or  i)rovido  protection  against  fire,  or  sup- 
ply of  wholesome  water,  or  school  facilities,  or  tho  things  noces- 
sary  for  tho  preservation  of  tho  health  of  the  people,      Congress 
•provided  recently  for  extorting  taxes  from  tho  inhabitants  of 
Alaska,  for  tho  benefit  of  tlM  national  treasury,  but  without  ac- 
cording to  those  poojdo  either  the  right  of  representation  or  ju-o- 
tection.   Tn  aid  of  commerce  lighthouses  and  life-saving  stations 
should  bo  provided  at  tho  expense  of  the  general  government 
aiul  tho  coast  survey  should  bo  oxtondod.      Such  benefits  when 
provided  are  not  only  locally  advantageous,  but  tend  diro(!tly  to 
promote  national  greatness.    Petitions  for  those  necessities  nuiy 
not  nieot  with  favorable  reception  at  the  hands  of  members  of 
congress  representing  districts  which  have  boon  long  accustomed 
hr  prnvidnd  nt  tlin  mippunr  of  llii    n.i  ill  |  il  ^imi  iiimeni  .tnd  Ihu 
coast  survey  should  he  oYtondotl.     Such  1w>nt>fite--whn  pruvidrtf- 
nre  not  only  loonlly  aduuilagcuus,  but  tend  direGthtJ:Q_prmaotg_ 

1&, 


hyf^*r\j>,jAAjLfKj 


itH'<'t  witfffnrrrnrhtrTrrt^^lHHt  ut-  thu  l>u»«U  of  momL<mv  uf  <'»ir 
^j^^H'HH  rcprpwrntinp:  rliwtriHi^  wliixit  liuvw  Uwu*  ln^>^;  mNM>i4niin><t- 
to  receive  nil  iiiKlnc  share  <»t"  approprintioiis  from  the  national 
trcasiirv.  We  kni»\v  l»y  cxpcricnci'  how  n'(|U('rttrt  of  this  iiatiiro 
H'Dt  in  from  the  mt<'ri*»r  have  hccn  misunderstood,  as  if  the 
peoph;  who  preferred  thoni  were  inero  beggars,  never  satisfied, 
but  always  ealHng  for  more.  I  remember  to  hav(^  heard  when 
oir  [>i(»neer  friend,  Judge  .laeobs,  was  (h'h'gate  t»»  congress, 
that  on  one  occasion  his  rej)r«'sentations  of  the  needs  of  this 
section  were  answered  by  a  congressman  in  this  numiu'r — the 
3r.  C.  saitl:  "  These  territories  are  just  like  s|)oih'd  cliihlren, 
they  are  always  crying  for  what  they  should  not  have.  They 
deserve  to  be  spanked."  This  class  of  obstructionists  only  try 
our  patience.  They  may  retard,  but  they  cannot  ])revent  the 
growth  of  (!ommerce  or  th(!  upbuilding  of  new  states.  Ours  is 
the  iu'st  .'iovernment  on  earth.  The  sense  of  justice  is  strong  in 
tiie  American  pet)j)le,  and  when  tliis  sentiment  shall  havi^  been 
appealed  to,  they  will  insist  that  congress  shall  do  right  by  tho 
jK'ople  of  Alaska.  My  confidence  was  strengthened  when  I 
read,  in  the  rej)orts,of  Memorial  day  exercises  in  various 
])laces,  the  renuirks  made  at  Brooklyn  by  Gov.  JJoosevelt. 
After  referring  to  existing  conditions  in  Alaska,  lu^  said: 
*'  Every  good  citizen  should  bow  his  head  in  shame  that  siu'h  a 
reipiest  should  be  made  because  of  the  neglect  of  the  United 
States  government.  Let  oyery  nuin  do  all  in  his  power,  and 
'  with  all  his  force,  to  sen  that  every  colony  over  wbicli  the  flag 
waves  be  governed  so  that  tbe  people  will  believe  it  to  be  a  great 
thing  to  live  under  that  flag." 

As  my  conchisitm  to  this  address  I  will  offfM-  some  resohi- 
lions  wbicb  it  will  please  me  to  have  tbis  Association  of  Wash- 
ingtoTi  Pioneers  adopt : 

"  Kosolved,  By  tbe  pioneers  of  tbe  state  of  Wasbington, 
assembled  at  their  annual  reuui(m,  that  Ave  comnuMul  to  the 
attention  of  all  the  people  of  tbe  United  States  tbe  sentiment 
ex])resse(l  by  Gov.  Tvoosevelt,  of  Xew  York,  in  bis  address  on 
Inst  ^^feinorial  day,  in  favor  of  good  government  for  Alaska, 
and  all  Americ4in  colonies,  and  that  our  tbanks  ai'e  hereby  ten- 
dered to  bini  for  bis  declaration  on  tliat  snbject. 

"Resolved,  That  the  United  States  should  bold  all  of 
Alaska,  including  its  harbors,  witb  boundaries  as  we  received  it 
from  Tfussia. 

"  Resolved,  That  the  people  of  Alaska  are  entitled  to  bave 
good  government  inaugurated  speedily,  and  we  ask  congress  to 
so  provide." 

20 


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